Intellectual Property Management in the Digital Age

Intellectual Property (IP) is a fundamental asset for your digital business. Protecting your brand, your ideas and your creations allows you to differentiate yourself from the competition, boost your growth and generate new opportunities. At ILP Abogados we are experts in IP and we accompany you throughout the entire process, from registering your trademark to defending your rights in the digital environment. In this post we offer you an essential guide to manage your IP in the digital era:

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1.- What is Intellectual Property?

IP covers a set of rights that protect your creations and inventions. It is divided into two broad categories:

• Copyright: protects literary, artistic, scientific and software works.
  • Software as an object of protection. On this point we refer to a recent contribution: https://www.ilpabogados.com/proteccion-del-software-en-espana-aspectos-legales-y-practicos/
• Industrial property: protects trademarks, patents, industrial designs and geographical indications.

2.- Why is IP important for your digital business?

• It allows you to differentiate yourself from the competition: a strong brand helps you to position yourself in the market and attract customers.
• Protect your investment: developing an app, software or industrial design involves a considerable investment. IP helps you prevent others from appropriating your work.
• Open up new business opportunities: you can license your IP to third parties or use it as collateral to obtain financing.

3.- Key challenges for IP in the digital environment

• The Internet facilitates unauthorised copying and distribution of content.
• National borders are less relevant in the digital world, making IP protection more difficult.
• New forms of IP exploitation are emerging, such as the use of personal data or artificial intelligence.

4.- Tips for managing your IP in the digital age

• Register your trademark and copyright.

  • On this point, we refer to a recent collaboration: https://www.ilpabogados.com/como-registrar-una-marca-pasos-esenciales-para-startups/

• Use Creative Commons licences to share your content safely.

What is Creative Commons?

Creative Commons is a non-profit organisation that offers free licences to share and use copyrighted creations. These licences allow authors to choose how they want their work to be used, from allowing free use to requiring attribution.

What value does Creative Commons bring?

• • Flexibility: It allows authors to find a balance between the protection of their work and its dissemination.
  • Access: Facilitates access to culture and knowledge.
  • Innovation: Promotes creativity and innovation.

What is the legal regulation of Creative Commons?

Creative Commons licences are based on contract law. By using a Creative Commons licence, the author and the user of the work enter into a contract that sets out the terms of use of the work.

 What types of Creative Commons Licences are there?

 Types of Creative Commons licences:

• • Attribution (CC BY): Copying, distribution and transformation of the work is permitted, provided that authorship is acknowledged.
  • Attribution-NonCommercial (CC BY-NC): Copying, distribution and transformation of the work is permitted, provided that authorship is acknowledged and no commercial use is made of the work.
  • Attribution-NonCommercial-NoDerivativeWorks (CC BY-NC-ND): Copying and distribution of the work is permitted, provided that authorship is acknowledged and no commercial use or derivative works are created.
  • Attribution-ShareAlike (CC BY-SA): Copying, distribution and transformation of the work is permitted, provided that authorship is acknowledged and derivative works are shared under the same licence.
  • Creative Commons website: https://creativecommons.org/

How to sign up for a Creative Commons licence?

Step 1: Choose the right licence:

Creative Commons offers six types of licences, each with different terms of use. You can consult them on their website: https://creativecommons.org/licenses/

Step 2: Indicate the licence on your work:

Once you have chosen the licence, you must indicate it in your work as follows:

• • Include the Creative Commons logo: You can download the logo from the Creative Commons website.
  • Add a caption: The caption should include the name of the licence and the year of publication.

Step 3: Register your work (optional):

If you want to register your work to obtain a higher level of protection, you can do so at the Intellectual Property Registry in your country.

How much does a Creative Commons License cost?

Creative Commons licences are free. You don’t have to pay anything to use them.

• • Creative Commons Guide: https://creativecommons.org/choose/
  • Frequently asked questions about Creative Commons: https://creativecommons.org/faq/

• Implement technological measures to protect your digital content.

1. 1.  Access control:

• • Use strong and unique passwords for each account.
  • Enable two-factor authentication (2FA) where possible.
  • Restrict access to your digital content to specific users.
  • Implement a digital rights management (DRM) system to protect your content.

1. 2. Data security:

• • Make regular backups of your digital content.
  • Use up-to-date anti-virus and anti-spyware software.
  • Keep your software up to date with the latest security patches.
  • Encrypt your digital content to protect it from unauthorised access.

1. 3. Monitoring:

• • Monitor your online activity for suspicious activity.
  • Use web analytics tools to track traffic to your website or blog.
  • Set up alerts to notify you if unauthorised access to your digital content occurs.

1. 4. Training:

• • Train your employees on cyber security best practices.
  • Raise awareness of the risks of phishing, malware and other threats.
  • Implement a clear and concise data security policy.

• IP trend monitoring:

Keep up to date on the latest trends in intellectual property, including:

• • New types of intellectual property rights.

• • • • Artificial Intelligence (AI):
        • Protection of AI-generated creations, such as works of art, music or software.
        • Ownership of data used to train AI models.
        • Liability for misuse of AI.
      • 2. Blockchain:
        • Protection of digital tokens and cryptocurrencies.
        • Ownership of records on the blockchain.
        • Implementation of smart contracts and their legal protection.
      • 3. Biotechnology:
        • Patentability of genes and living organisms.
        • Ownership of genetic sequencing data.
        • Ethical and legal considerations in gene editing.
      • 4. 3D printing:
        • Protection of 3D model designs.
        • Ownership of digital files for 3D printing.
        • Liability for the production of illicit 3D objects.
      • 5. Virtual and augmented reality:
        • Protection of immersive experiences and virtual environments.
        • Ownership of digital assets used in these technologies.
        • Privacy and security considerations in these environments.
      • 6. Big data:
        • Bulk data ownership and analysis.
        • Protection of users’ privacy.
        • Regulation of the use of algorithms and automated decision-making.
      • 7. Internet of Things (IoT):
        • Protection of data generated by IoT devices.
        • Ownership of IoT platforms and applications.
        • Security and responsibility in the use of IoT devices.
      • 8. Intellectual property in space:
        • Protection of inventions and discoveries made in space.
        • Ownership of spatial resources.
        • Regulation of spatial activities to avoid conflicts.

• • Changes in intellectual property law.

  • Relevant intellectual property court cases.

• • • • Apple vs. Samsung:
        • Lawsuit: Apple accused Samsung of copying the design of the iPhone and iPad in its smartphones and tablets.
        • Result: In 2012, a US jury found in favour of Apple and Samsung had to pay $1.05 billion in damages.
        • Relevance: This case set an important precedent in the protection of the design of technological products.
      • Nike vs. Adidas:
        • Lawsuit: Nike sued Adidas for using Flyknit technology in its shoes without permission.
        • Result: In 2019, a US court ruled in Nike’s favour and Adidas had to stop using Flyknit technology.
        • Relevance: This case is an example of the protection of textile technology patents.
      • 3. L’Oréal vs. eBay:
        • Lawsuit: L’Oréal accused eBay of allowing counterfeit products of its brands to be sold on its platform.
        • Result: In 2008, a French court ruled in favour of L’Oréal and eBay had to implement measures to prevent the sale of counterfeit products.
        • Relevance: This case is an example of the responsibility of online platforms to protect intellectual property.
      • 4. Merck & Co. v. Teva Pharmaceuticals:
        • Lawsuit: Merck & Co. sued Teva Pharmaceuticals for manufacturing a generic of its patented drug Keytruda.
        • Result: In 2020, a US court ruled in favour of Merck & Co. and Teva Pharmaceuticals could not launch its generic until Keytruda’s patent expired.
        • Relevance: This case is an example of the importance of patents to protect innovative medicines.
      • 5. Universal Music Group vs. YouTube:
        • Lawsuit: Universal Music Group sued YouTube for allowing videos of copyrighted music to be uploaded without authorisation.
        • Result: In 2021, YouTube and Universal Music Group reached an agreement whereby YouTube will pay the label a significant amount for licensing its music.
        • Relevance: This case is an example of the importance of copyright management in the digital environment.

• • Emerging technologies that may affect intellectual property.

1. 1. 1. Artificial Intelligence (AI):

• • • Artificial creativity: AI can generate works of art, music, software and other creative content. This raises questions about ownership of these works and liability for their use.
    • AI patenting: There is an ongoing debate on whether inventions and discoveries made by AI can be patented.
    • Algorithmic bias: AI algorithms can be biased, which can lead to discrimination in areas such as employment, housing and access to finance.

1. 1. 2. Blockchain:

• • • Digital tokens: Digital tokens are cryptographic assets that can represent a variety of assets, such as shares, real estate or intellectual property rights.
    • Smart contracts: Smart contracts are self-executing contracts that are stored on the blockchain. This has the potential to revolutionise the way business transactions are conducted.
    • Counterfeiting: Blockchain technology can be used to combat counterfeiting by creating an immutable record of ownership.

1. 1. 3. 3D printing:

• • • 3D models: 3D models may be protected by copyright and patents.
    • 3D printing of protected objects: 3D printing of objects protected by copyright or patents may be an infringement of intellectual property.
    • Customised designs: 3D printing allows the creation of customised designs that can be more difficult to copy.

1. 1. 4. Virtual and augmented reality (VR/AR):

• • • Immersive experiences: Immersive VR/AR experiences may be copyrighted.
    • Ownership of digital assets: Digital assets used in VR/AR, such as 3D models and textures, may be protected by copyright.
    • Digital piracy: Digital piracy of VR/AR content can be a major problem.

1. 1. 5. Big data:

• • • Data ownership: Ownership of big data and its analysis is a complex issue.
    • Data privacy: The collection and use of big data can pose risks to users’ privacy.
    • Algorithms and decision-making: The use of algorithms to make automated decisions can be discriminatory.

• Consult an IP lawyer for personalised advice.

5.- ILP Abogados: Your ally to protect your IP

At ILP Abogados we are a team of lawyers specialised in IP with extensive experience in the digital environment. We offer you a comprehensive service for:

• Registration of trademarks and copyrights.
• Drafting of licensing contracts and confidentiality agreements.
• Negotiation and resolution of IP-related disputes.
• Legal advice on IP matters.

Don’t risk losing your IP. Contact ILP Abogados and we will help you protect your digital business.

Value of legal advice: IP is a complex and constantly evolving field. The advice of a specialist lawyer allows you to:

• Avoid mistakes that can cost you dearly.
• Access the best strategy to protect your IP.
• Have the support of an expert in case of conflict.

Don’t hire a lawyer for price, hire an expert to help you protect your business.

ILP Abogados: Your strategic partner in Intellectual Property management.

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Digital Businesses and Intellectual Property Laws: A Guide for Startups